Terms of Service

1. Introduction

Welcome to Mobile Game Development Australia. These Terms of Service ("Terms") govern your use of our website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our Services.

2. Services Description

Mobile Game Development Australia provides mobile game development services, including but not limited to:

• Game design and concept development
• Full-cycle development for iOS and Android platforms
• AR/VR game development
• Game optimization and testing
• Ongoing support and maintenance

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.

3. Client Responsibilities

As a client, you are responsible for:

• Providing accurate and complete information for your project
• Reviewing and approving project milestones in a timely manner
• Providing feedback that is clear and actionable
• Ensuring you have all necessary rights to any assets provided to us
• Making payments according to the agreed schedule

4. Payment Terms

Our payment terms are as follows:

• A non-refundable deposit of 30% is required to begin any project
• Milestone payments will be outlined in your project proposal
• Final payment is due before the final delivery of completed work
• All prices are quoted in Australian Dollars (AUD)
• Late payments may incur a fee of 2% per month on the outstanding amount

We reserve the right to pause work on projects with outstanding payments until the account is brought current.

5. Intellectual Property Rights

5.1 Client Materials

You retain all rights to materials you provide to us, including artwork, logos, characters, and storylines. You grant us a license to use these materials solely for the purpose of providing our Services to you.

5.2 Deliverables

Upon receipt of full payment, you will receive ownership rights to the final deliverables as specified in your project agreement. This typically includes the compiled game application and associated assets created specifically for your project.

5.3 Our Materials

We retain ownership of all proprietary tools, processes, and frameworks used in the development process, unless specifically transferred as part of the project agreement.

5.4 Third-Party Materials

Any third-party materials used in your project (such as licensed graphics, sound effects, or code libraries) are subject to their respective licenses and terms.

6. Confidentiality

We agree to keep all information related to your project confidential. Similarly, you agree to keep all information about our processes, pricing, and proprietary methods confidential. These obligations continue after the completion of the project.

7. Project Timelines and Delivery

Project timelines will be outlined in your project proposal. We strive to meet all deadlines but cannot guarantee specific launch dates due to the iterative nature of game development and factors outside our control.

Delays caused by client factors (such as delayed feedback or change requests) may extend the project timeline and could incur additional costs.

8. Changes and Revisions

Your project agreement includes a specified number of revision rounds. Additional revisions or changes to the project scope may incur additional charges at our standard hourly rates.

All change requests must be submitted in writing and approved by both parties before implementation.

9. Termination

Either party may terminate the agreement with written notice if:

• The other party breaches any material term of the agreement
• The other party becomes insolvent or enters bankruptcy proceedings

In the event of termination:

• You will be responsible for payment for all work completed up to the termination date
• We will deliver all completed work upon receipt of payment
• Early termination fees may apply as specified in your project agreement

10. Limitation of Liability

Our liability is limited to the amount paid for the Services. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or in connection with these Terms.

We make no warranties or representations about the performance of any game we develop, including user adoption, revenue generation, or app store approval.

11. Indemnification

You agree to indemnify and hold harmless Mobile Game Development Australia, its employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of our Services or your violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Mobile Game Development Australia
42 Macquarie Street, Parramatta, NSW 2150
Phone: +61 427 519 480
Email: [email protected]